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(영문) 전주지방법원 2017.10.10 2016가단35347
배당이의
Text

1. Of the distribution schedule prepared by the same court on November 23, 2016, with respect to distribution procedure cases in the Jeonju District Court C, the defendant is the defendant.

Reasons

1. Facts of recognition;

A. On July 30, 2010, the Plaintiff and Non-Party Corporation D Co., Ltd. (hereinafter “D”) drafted a monetary loan certificate stating that D borrowed KRW 70,00,000 from the Plaintiff as interest rate of KRW 2,10,000 per month, and due date of payment on October 30, 2010 (hereinafter “the instant loan certificate”). D received KRW 63,650,000 from the Plaintiff on the same day.

B. From August 30, 2010 to July 27, 2012, D paid 6,650,000 won in total to the Plaintiff as repayment for the principal and interest of the foregoing loan obligation.

C. After July 2012, the Plaintiff filed an application for a voluntary auction of real estate in this court E with respect to real estate offered as security on the ground that D did not repay the above loan claims, and received dividends from the said auction case in KRW 41,807,214 on April 26, 2017.

On the other hand, D filed a lawsuit against the Plaintiff seeking that the above loan debt was fully repaid with respect to the above application for auction, with this Court Order 2015Da37988, and at the same time, D filed a lawsuit for the confirmation of the existence of debt. At the same time, D filed an application for the suspension of compulsory execution with this Court Order 2015Kadan131, Dec. 28, 2015.

E. On July 26, 2016, the instant case No. 2015Kadan37988 was rendered and finalized by a judgment dismissing the Plaintiff’s claim. D received a decision to revoke security against the deposited money deposited with 2016Hun-68 of this Court in relation to the instant case of suspending compulsory execution.

F. The Defendant, as a D’s internal director, received D’s payment order from the former District Court No. 2013 tea140, on the ground that D’s unpaid wages, as the former District Court, and filed an application for the attachment and assignment order of the claim against the said deposited money under this Court No. 2016.

G. In the distribution procedure case regarding the above deposit amount of KRW 15 million that was proceeding to this Court C, the distribution court recognized the status of the first-class wage obligee on November 23, 2016 and actually distributed the amount of KRW 14,95,962 (hereinafter “instant dividend”).

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